§ 1-401. Definitions

   (a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Access area. --

   (1) "Access area" means any paved walkway or sidewalk which is within 50 feet of an automated teller machine.

   (2) "Access area" does not include any publicly maintained street or highway or any adjacent sidewalk.

(c) Access device. -- "Access device" has the meaning stated in Federal Reserve Board Regulation E, 12 C.F.R., Part 205.

(d) Automated teller machine. --

   (1) "Automated teller machine" means any electronic information processing device located in this State which accepts or dispenses cash in connection with a credit, deposit, or convenience account.

   (2) "Automated teller machine" does not include devices used:

      (i) Solely to facilitate check guarantees or check authorizations;

      (ii) In connection with the acceptance or dispensing of cash on a person-to-person basis, including by a store cashier; or

      (iii) For the payment of goods or services.

(e) Candlefoot power. -- "Candlefoot power" means the light intensity of candles on a horizontal plane at 36 inches above ground level and 5 feet in front of the area to be measured.

(f) Control. -- "Control" of an access area or defined parking area means to have the present authority to determine how, when, and by whom such area is to be used, maintained, lighted, and landscaped.

(g) Customer. -- "Customer" means an individual to whom an access device has been issued for personal, family, or household use.

(h) Defined parking area. --

   (1) "Defined parking area" means that portion of a parking area open for customer parking which is:

      (i) Contiguous to an access area with respect to an automated teller machine;

      (ii) Regularly, principally, and lawfully used for parking by users of the automated teller machine while conducting automated teller machine transactions during the hours of darkness; and

      (iii) Owned or controlled by the operator of the automated teller machine or by the party leasing the automated teller machine site to the operator.

   (2) "Defined parking area" includes only the single parking level of a multiple level parking area deemed by the operator of the automated teller machine to be the most directly accessible to users of the automated teller machine if the parking area otherwise satisfies the conditions contained in paragraph (1) of this subsection.

   (3) "Defined parking area" does not include a parking area which is:

      (i) Not regularly used for parking by users of the automated teller machine who are conducting automated teller machine transactions during the hours of darkness; or

      (ii) Physically closed to access or is marked by conspicuous signs indicating that it is closed.

(i) Hours of darkness. -- "Hours of darkness" means the period that begins 30 minutes after sunset and ends 30 minutes before sunrise.

(j) Operator. -- "Operator" means a financial institution or other person that operates an automated teller machine.

HISTORY: 1999, ch. 603; 2011, ch. 609.